What was the outcome of Tenancy Tribunal case 4723071?

The tribunal order states: Amy Bradley must pay Amelia Cookson $4,793.99 immediately, calculated as

How much money was awarded in case 4723071?

Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $261.51 awarded to landlord; Property Damage: $548.50 awarded to landlord; Property Damage: $438.50 awarded to landlord; Rent Arrears: $1,720.00 awarded to landlord; To Cracked Tiles: $250.00 awarded to landlord; Rubbish Removal: $675.04 awarded to landlord; Walls and Doors: $3,000.00 awarded to landlord

What type of tenancy dispute was case 4723071?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4723071?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106666-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4723071?

The tribunal order states: Amy Bradley must pay Amelia Cookson $4,793.99 immediately, calculated as

How much money was awarded in case 4723071?

Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $261.51 awarded to landlord; Property Damage: $548.50 awarded to landlord; Property Damage: $438.50 awarded to landlord; Rent Arrears: $1,720.00 awarded to landlord; To Cracked Tiles: $250.00 awarded to landlord; Rubbish Removal: $675.04 awarded to landlord; Walls and Doors: $3,000.00 awarded to landlord

What type of tenancy dispute was case 4723071?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4723071?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10106666-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 12 McManaway Grove, Stokes Valley, Lower Tenancy Tribunal Case 4723071 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4723071 — net $4,793.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination	$1,720.00	Rent arrears to termination
Repairs to walls and doors	$3,000.00	Repairs to walls and doors
Carpet Cleaning	$280.00	Carpet Cleaning
Rubbish removal	$675.04	Rubbish removal
Lock/key replacement	$261.51	Lock/key replacement
Repairs: to cracked tiles	$250.00	Repairs: to cracked tiles
Carpet replacement lounge	$548.50	Carpet replacement lounge
Carpet replacement bedroom	$438.50	Carpet replacement bedroom
Filing fee	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 20 March 2024 __________________________________…
Net award	$4,793.99
Total payable by Tenant to Landlord	$4,793.99

Amy Bradley must pay Amelia Cookson $4,793.99 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (6179379-019) to Amelia Cookson immediately. DescriptionLandlord Rent arrears to termination$1,720.00 Repairs to walls and doors$3,000.00 Carpet Cleaning$280.00 Rubbish removal$675.04 Lock/key replacement$261.51 Repairs: to cracked tiles$250.00 Carpet replacement lounge$548.50 Carpet replacement bedroom Filing fee $438.50 $20.44 Total award$7,193.99 Bond$2,400.00 Total payable by Tenant to Landlord$4,793.99

Reasons

Only the landlord attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which proves $1,720.00 is owed at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .

The tenant did not leave the carpets clean. There were stains and cat urine in the carpet. Cleaning did not remove the urine smell.

The tenant did not remove all rubbish. The landlord needed to employ a contractor to remove rubbish and pay tip fees.

The tenant did not return all keys. Locks were changed.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

I am satisfied that the cat urine was intentional damage. It was in many places showing that the tenant did not take steps to avoid the damage occurring.

There was significant damage to all walls and door frames during the tenancy. There was paint over almost every surface that had to be sanded back and repainted. There was physical damage to walls. This was intentional damage also.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Regarding the damage to walls and doors, the quote is $13,777.00. The amount claimed by the landlord is $3,000.00. That is reasonable considering that the tenant could be liable for 3/4 ths of $13,777.00 or $3,444.25. That is based on 6 years since the last time the premises was painted, and an estimated eight years between painting maintenance.

Regarding the carpet, the lounge carpet was replaced in 2017 and the bedroom in 2020. The carpet is given a 12 year life. The amounts ordered reflect the loss after depreciation.

The amounts ordered are proved. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Claims and awards in Tenancy Tribunal application 4723071 — net $4,793.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to termination	$1,720.00	Rent arrears to termination
Repairs to walls and doors	$3,000.00	Repairs to walls and doors
Carpet Cleaning	$280.00	Carpet Cleaning
Rubbish removal	$675.04	Rubbish removal
Lock/key replacement	$261.51	Lock/key replacement
Repairs: to cracked tiles	$250.00	Repairs: to cracked tiles
Carpet replacement lounge	$548.50	Carpet replacement lounge
Carpet replacement bedroom	$438.50	Carpet replacement bedroom
Filing fee	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 20 March 2024 __________________________________…
Net award	$4,793.99
Total payable by Tenant to Landlord	$4,793.99

Order

Amy Bradley must pay Amelia Cookson $4,793.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6179379-019) to Amelia Cookson immediately. DescriptionLandlord Rent arrears to termination$1,720.00 Repairs to walls and doors$3,000.00 Carpet Cleaning$280.00 Rubbish removal$675.04 Lock/key replacement$261.51 Repairs: to cracked tiles$250.00 Carpet replacement lounge$548.50 Carpet replacement bedroom Filing fee $438.50 $20.44 Total award$7,193.99 Bond$2,400.00 Total payable by Tenant to Landlord$4,793.99

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which proves $1,720.00 is owed at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .
The tenant did not leave the carpets clean. There were stains and cat urine in the carpet. Cleaning did not remove the urine smell.
The tenant did not remove all rubbish. The landlord needed to employ a contractor to remove rubbish and pay tip fees.
The tenant did not return all keys. Locks were changed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied that the cat urine was intentional damage. It was in many places showing that the tenant did not take steps to avoid the damage occurring.
There was significant damage to all walls and door frames during the tenancy. There was paint over almost every surface that had to be sanded back and repainted. There was physical damage to walls. This was intentional damage also.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Regarding the damage to walls and doors, the quote is $13,777.00. The amount claimed by the landlord is $3,000.00. That is reasonable considering that the tenant could be liable for 3/4 ths of $13,777.00 or $3,444.25. That is based on 6 years since the last time the premises was painted, and an estimated eight years between painting maintenance.
Regarding the carpet, the lounge carpet was replaced in 2017 and the bedroom in 2020. The carpet is given a 12 year life. The amounts ordered reflect the loss after depreciation.
The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4723071 — Property damage at Unit/Flat 2, 12 McManaway Grove, Stokes Valley, Lower

At a glance

Tenancy Tribunal case 4723071 — Property damage at Unit/Flat 2, 12 McManaway Grove, Stokes Valley, Lower

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions